| (a) Special education services. To be eligible to receive
special education services, a student must be a "child with a disability,"
as defined in 34 Code of Federal Regulations (CFR), §300.8(a),
subject to the provisions of 34 CFR, §300.8(c), the Texas Education
Code, §29.003, and this section. The provisions in this section
specify criteria to be used in determining whether a student's condition
meets one or more of the definitions in federal regulations or in
state law.
(b) Eligibility determination. The determination of
whether a student is eligible for special education and related services
is made by the student's admission, review, and dismissal committee.
Any evaluation or re-evaluation of a student must be conducted in
accordance with 34 CFR, §§300.301-300.306 and 300.122. The
multidisciplinary team that collects or reviews evaluation data in
connection with the determination of a student's eligibility must
include, but is not limited to, the following:
(1) a licensed specialist in school psychology (LSSP),
an educational diagnostician, or other appropriately certified or
licensed practitioner with experience and training in the area of
the disability; or
(2) a licensed or certified professional for a specific
eligibility category defined in subsection (c) of this section.
(c) Eligibility definitions.
(1) Autism. A student with autism is one who has been
determined to meet the criteria for autism as stated in 34 CFR, §300.8(c)(1).
Students with pervasive developmental disorders are included under
this category. The team's written report of evaluation must include
specific recommendations for behavioral interventions and strategies.
(2) Deaf-blindness. A student with deaf-blindness is
one who has been determined to meet the criteria for deaf-blindness
as stated in 34 CFR, §300.8(c)(2). In meeting the criteria stated
in 34 CFR, §300.8(c)(2), a student with deaf-blindness is one
who, based on the evaluations specified in subsections (c)(3) and
(c)(12) of this section:
(A) meets the eligibility criteria for auditory impairment
specified in subsection (c)(3) of this section and visual impairment
specified in subsection (c)(12) of this section;
(B) meets the eligibility criteria for a student with
a visual impairment and has a suspected hearing loss that cannot be
demonstrated conclusively, but a speech/language therapist, a certified
speech and language therapist, or a licensed speech language pathologist
indicates there is no speech at an age when speech would normally
be expected;
(C) has documented hearing and visual losses that,
if considered individually, may not meet the requirements for auditory
impairment or visual impairment, but the combination of such losses
adversely affects the student's educational performance; or
(D) has a documented medical diagnosis of a progressive
medical condition that will result in concomitant hearing and visual
losses that, without special education intervention, will adversely
affect the student's educational performance.
(3) Auditory impairment. A student with an auditory
impairment is one who has been determined to meet the criteria for
deafness as stated in 34 CFR, §300.8(c)(3), or for hearing impairment
as stated in 34 CFR, §300.8(c)(5). The evaluation data reviewed
by the multidisciplinary team in connection with the determination
of a student's eligibility based on an auditory impairment must include
an otological examination performed by an otolaryngologist or by a
licensed medical doctor, with documentation that an otolaryngologist
is not reasonably available, and an audiological evaluation performed
by a licensed audiologist. The evaluation data must include a description
of the implications of the hearing loss for the student's hearing
in a variety of circumstances with or without recommended amplification.
(4) Emotional disturbance. A student with an emotional
disturbance is one who has been determined to meet the criteria for
emotional disturbance as stated in 34 CFR, §300.8(c)(4). The
written report of evaluation must include specific recommendations
for behavioral supports and interventions.
(5) Intellectual disability. A student with an intellectual
disability is one who has been determined to meet the criteria for
an intellectual disability as stated in 34 CFR, §300.8(c)(6).
In meeting the criteria stated in 34 CFR, §300.8(c)(6), a student
with an intellectual disability is one who:
(A) has been determined to have significantly sub-average
intellectual functioning as measured by a standardized, individually
administered test of cognitive ability in which the overall test score
is at least two standard deviations below the mean, when taking into
consideration the standard error of measurement of the test; and
(B) concurrently exhibits deficits in at least two
of the following areas of adaptive behavior: communication, self-care,
home living, social/interpersonal skills, use of community resources,
self-direction, functional academic skills, work, leisure, health,
and safety.
(6) Multiple disabilities.
(A) A student with multiple disabilities is one who
has been determined to meet the criteria for multiple disabilities
as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated
in 34 CFR, §300.8(c)(7), a student with multiple disabilities
is one who has a combination of disabilities defined in this section
and who meets all of the following conditions:
(i) the student's disability is expected to continue
indefinitely; and
(ii) the disabilities severely impair performance in
two or more of the following areas:
(I) psychomotor skills;
(II) self-care skills;
(III) communication;
(IV) social and emotional development; or
(V) cognition.
(B) Students who have more than one of the disabilities
defined in this section but who do not meet the criteria in subparagraph
(A) of this paragraph must not be classified or reported as having
multiple disabilities.
(7) Orthopedic impairment. A student with an orthopedic
impairment is one who has been determined to meet the criteria for
orthopedic impairment as stated in 34 CFR, §300.8(c)(8). The
multidisciplinary team that collects or reviews evaluation data in
connection with the determination of a student's eligibility based
on an orthopedic impairment must include a licensed physician.
(8) Other health impairment. A student with other health
impairment is one who has been determined to meet the criteria for
other health impairment due to chronic or acute health problems such
as asthma, attention deficit disorder or attention deficit hyperactivity
disorder, diabetes, epilepsy, a heart condition, hemophilia, lead
poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia,
and Tourette's Disorder as stated in 34 CFR, §300.8(c)(9). The
multidisciplinary team that collects or reviews evaluation data in
connection with the determination of a student's eligibility based
on other health impairment must include a licensed physician.
(9) Learning disability.
(A) Prior to and as part of the evaluation described
in subparagraph (B) of this paragraph and 34 CFR, §§300.307-300.311,
and in order to ensure that underachievement in a student suspected
of having a specific learning disability is not due to lack of appropriate
instruction in reading or mathematics, the following must be considered:
(i) data that demonstrates the student was provided
appropriate instruction in reading (as described in 20 United States
Code (USC), §6368(3)), and/or mathematics within general education
settings delivered by qualified personnel; and
(ii) data-based documentation of repeated assessments
of achievement at reasonable intervals, reflecting formal evaluation
of student progress during instruction. Data-based documentation of
repeated assessments may include, but is not limited to, response
to intervention progress monitoring results, in-class tests on grade-level
curriculum, or other regularly administered assessments. Intervals
are considered reasonable if consistent with the assessment requirements
of a student's specific instructional program.
(B) A student with a learning disability is one who:
(i) has been determined through a variety of assessment
tools and strategies to meet the criteria for a specific learning
disability as stated in 34 CFR, §300.8(c)(10), in accordance
with the provisions in 34 CFR, §§300.307-300.311; and
(ii) does not achieve adequately for the student's
age or meet state-approved grade-level standards in oral expression,
listening comprehension, written expression, basic reading skill,
reading fluency skills, reading comprehension, mathematics calculation,
or mathematics problem solving when provided appropriate instruction,
as indicated by performance on multiple measures such as in-class
tests; grade average over time (e.g. six weeks, semester); norm- or
criterion-referenced tests; statewide Cont'd... |
